Bombay High CourtTP/1351/2024grant issued

Jamsheed Minoo Panday v. Soli Jehangirji Vajifdar

2024-07-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 8th July 2024.

CALLED FOR COMPLIANCE:

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29. TP/1351/2024 (ECHCBM02005712024) with WILL/478/2024 Mr. Jayant Wani i/b Lakdawala & Co, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Jamsheed Minoo Panday being the Sole Executor named under the Will of the deceased. Deceased Soli Jehangirji Vajifdar alias Soli J. Vajifdar, alias Soli Vajifdar, said to have died at Mumbai on 03.11.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Wani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 14.01.2022. The said Will is in English language.

3. Mr. Wani, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the Deceased had no issue, The parents of the Deceased predeceased the Deceased. The wife of Deceased Mrs. Tehmi Soli Vajifdar died on 20.12.2021, and Exhibit "D" to the Petition is the copy of her death certificate. The Deceased had 1 Brother and 3 Sisters only. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of brother and three married sisters of the deceased as mentioned in para - 8 are on record. Affidavits of Yazdin Jimmy Mistry and Rohinton Sam Poonawala, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

08.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master